Sec. 127. PROCUREMENT AUTHORITY FOR CH-53K HEAVY LIFT HELICOPTER PROGRAM

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## SEC. 127 PROCUREMENT AUTHORITY FOR CH-53K HEAVY LIFT HELICOPTER PROGRAM ###

(a)Contract Authority During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more fixed-price contracts for the procurement of airframes and engines in support of the CH-53K heavy lift helicopter program (in this section referred to as the “program”). ###

(b)Liability Any contract entered into under subsection

(a)shall provide that— ####

(1)any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and ####

(2)the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. ###

(c)Certification Required A contract may not be entered into under subsection

(a)unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority (as defined in section 4251(d) of title 10, United States Code) for the program: ####

(1)The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of— #####

(A)the estimated obligations and expenditures by fiscal year for the program without the authority provided in subsection (a); #####

(B)the estimated obligations and expenditures by fiscal year for the program with the authority provided in subsection (a); #####

(C)the estimated cost savings or increase by fiscal year for the program with the authority provided in subsection (a); #####

(D)the discrete actions that will accomplish such cost savings or avoidance; and #####

(E)the contractual actions that will ensure the estimated cost savings are realized. ####

(2)There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation. ####

(3)There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. ####

(4)The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection

(a)are realistic. ####

(5)The use of such a contract will promote the national security of the United States. ####

(6)During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation.